PURPOSE: This rule prescribes procedures for offerors to protest the department’s competitive Request for Proposal solicitation process and/or appeal a department decision regarding the award of contract(s), as a result of a competitive Request for Proposal process.

1. (1) An aggrieved offeror may protest the solicitation process performed by the department with a competitive Request for Proposal (RFP).

   1. (A) The aggrieved offeror shall issue a protest of the solicitation process, in writing, to the department’s contract coordinator in the Office of Administration (Mental Health). The aggrieved offeror must submit the protest with reasonable promptness to their notice of the complaint and prior to the date of contract award.
   2. (B) Any offeror protesting a solicitation process under this rule shall include in their written protest the name and address of the offeror aggrieved, the RFP number and their complaint of the solicitation process. The offeror shall include support documentation to substantiate any claims made and specify the relief requested from the department.
   3. (C) Upon receipt of protest the contracts coordinator shall consult with the deputy director of administration (Mental Health). Upon the finding of facts the department shall take appropriate action and issue a written response to the involved parties within ten
2. (10) state working days of receipt of the protest. The department’s written response shall be final.

3. (2) An aggrieved offeror may appeal a department decision regarding the award of contract(s), as a result of a competitive Request for Proposal process.

   1. (A) The aggrieved offeror shall issue an appeal of a contract award, in writing, to the director of the division for which the services are to be purchased (directors of the Division of Mental Retardation and Developmental Disabilities, Division of Comprehensive Psychiatric Services or Division of Alcohol and Drug Abuse) within ten (10) state working days of the department’s issuance of a notice of contract award, of which aggrieved.
   2. (B) Any offeror appealing a contract award under this rule shall include in their written appeal the name and address of the offeror aggrieved, the RFP number, the name of the contract awardee and their complaint. The offeror shall state the specific grounds for the 9 CSR 25-2

appeal and include supporting documentation.

1. (C) Upon receipt of an appeal the division director shall consult with the deputy director of administration (Mental Health) and shall issue a written response to the involved parties within fifteen (15) state working days of receipt of the appeal. The division director’s written response shall be a decision to accept or reject the appeal.
2. (D) If the offeror finds the written response of the division director to be unacceptable, the offeror may issue an appeal of the decision, in writing, to the department director within ten (10) state working days after the issuance of the division director’s written response.
3. (E) If an aggrieved offeror appeals the division director’s response, the aggrieved offeror shall state the specific reasons why the response was not acceptable and why the aggrieved offeror is appealing the response to the department director.
4. (F) Within fifteen (15) state working days of receipt of the offeror’s appeal of the division director’s response, the department director shall issue a written response to the involved parties. The department director’s written response shall be a decision to accept or reject the appeal. The department director’s written response shall be final.

1. (3) At each step of the protest or appeal procedure the element of time shall be measured by date stamp or registered mail receipt for the date of receipt and U.S. mail postmark for the date of issuance.

AUTHORITY: sections 34.100 and 630.050, RSMo 2000 and 630.405, RSMo Supp. 2001.* Original rule filed Oct. 16, 1986, effective July 13, 1987. Emergency amendment filed May 15, 1990, effective May 25, 1990, expired Sept. 21, 1990. Amended: Filed Aug. 14, 1990, effective March 14, 1991. Amended: Filed Dec. 12, 2001, effective June 30, 2002. *Original authority: 34.100, RSMo 1945, amended 1983, 1995; 630.050, RSMo 1980, 1993, 1995; and 630.405, RSMo 1980, 1993, 1995, 2001.